Title: PCB 83-5 Coastal Barrier Protection Bill (5/3/83)
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 Material Information
Title: PCB 83-5 Coastal Barrier Protection Bill (5/3/83)
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - PCB 83-5 Coastal Barrier Protection Bill (5/3/83) (JDV Box 43)
General Note: Box 18, Folder 3 ( Treatments of Water - 1983 ), Item 18
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004195
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text






Select Committee on Growth Management

PCB 83-5 Coastal Barrier Protection (5/3/83)


1 A bill to be entitled

2 Be It Enacted by the Legislature of the State of Florida:

3
4 Section 1. Section 161.52, Florida Statutes, is

5 created to read:

6 161.52 Short title.--This act shall be known and may
7 be cited as the "Coastal Barriers Protection Act of 1983."

a Section 2. Section 161.52, Florida Statutes, is
9 created to read:

10 161.52 Legislative Intent.--

11 (1) The Legislature recognizes that coastal barriers

12 play an important role in protecting the ecology and the

13 public health, safety, and welfare of the citizens of the

14 State of Florida; that in recent years the coastal barriers
15 have been subjected to increasing growth pressures; and that

16 unless these pressures are controlled, the very features which

17 make coastal barriers economically, aesthetically, and

18 ecologically rich will be destroyed.

19 (2) The Legislature further recognizes that the
20 coastal barriers form the first line of defense for the

21 mainland against both winter storms and hurricanes; that the
22 dunes of coastal barriers perform valuable protective

23 functions for public and private property; and that placement

24 of permanent structures on these protective areas may lead to
25 increased risks to life and property and increased costs to

26 the public.

7 (3) The legislature further recognizes that these
2 coastal barriers are among Florida's most valuable resources
9 and have extremely high recreational and aesthetic value which

30 should be preserved and enhanced. Coastal barriers provide a

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PCB 83-5 Coastal Barrier Protection (5/3/83)


1 unique habitat for birds, wildlife, and plant life, and

2 protect waters that are vital to the food chain.

3 (4) The legislature further recognizes that there is a
4 tremendous cost to the state for post disaster redevelopment

5 on the inhabited coastal barriers; and that preventative

6 measures should be taken on a continuing basis in order to
7 reduce the harmful consequences of natural and man-made

g disasters.

9 (5) It is, therefore, the intent of the legislature

10 that the coastal barriers shall be managed in order to guide

11 growth and development and to minimize damage to the natural

12 environment, private property, and life.

13 Section 3. Section 161.53, Florida Statutes, is

14 created to read:

15 161.53 Definitions.--In construing this part, the word

16 or phrase:
17 (1) "Coastal barrier" means a geologic feature located
18 in or adjacent to the marine waters of the State of Florida
19 including:

0 (a) Barrier islands composed of sand, rock, coral,

21 coquina, or any other material, including barrier islands
2 created by spoil disposal; and

a (b) Barrier spits and barrier peninsulas composed of
24 sand, rock, coral, coquina, or any other material, including
25 barrier spits or barrier peninsulas created by spoil disposal.

26 The landward boundary of those barrier peninsulas and barrier
27 spits which are connected to the mainland shall be a line

a 2,500 feet landward of the coastal construction control line

9 as established pursuant to s. 161.053 in those counties in

30 which a control line has been established.

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PCB 83-5 Coastal Barrier Protection (5/3/83)




2 Coastal barriers often protect lagoons, salt marshes,
3 estuaries, bays, or the mainland from the direct action of

4 ocean waves or storm surges; absorb the forces of oceanic
5 activity on their seaward sides or protect calmer waters and

6 stable shores to their landward sides; or are dynamic geologic
7 systems with topography that is subject to alteration by

g waves, storm surges, flooding, or littoral currents.

9 (2) The enumeration of types of structures in
10 paragraphs (a), (b), (c), and (d) shall not be construed as
11 excluding from the operation of this chapter any other

12 structures which by its usage, design, dimensions, or

13 structural configuration would require engineering

14 consideration similar to the listed structures.

15 (a) "Major structure" means houses, mobile homes,

16 apartment buildings, condominiums, motels, hotels, restaurants,
17 towers, other types of residential, commercial, or public

18 buildings, bridges and other construction having the potential

19 for substantial impact on coastal barriers.

20 (b) "Minor structures means pile-supported elevated

21 dune and beach walkover structures; beach access ramps and
a walkways; stairways; pile-supported, elevated viewing
3 platforms, gazebos, and boardwalks; lifeguard support stands;

24 public and private bathhouses; golf courses; sidewalks,

25 driveways, parking areas, shuffleboard courts, tennis courts,
26 handball courts, racquet courts, and other uncovered paved

2 areas; earth retaining walls; sand fences, privacy fences,

2S ornamental walls, ornamental garden structures, aviaries, and

29 other ornamental construction. Usage will not be the only

0 criterion used to classify structures as minor, but it shall

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1 also be a characteristic of minor structures that they are
2 considered to be expendable under design wind, wave, and storm
3 forces.

4 (c) "Nonhabitable major structures" means swimming
5 pools; pipelines; piers; canals, lakes, ditches, drainage

6 structures, and other water retention structures; sewage
7 treatment plants; roads, streets, and highways; and

g underground storage tanks.
9 (d) "Coastal or shore protection structures" means

10 shore hardening structures such as seawalls, bulkheads,
11 revetments, rubble mound structures, groins, breakwaters,

12 aggregates of materials other than beach sand used for

13 shoreline protection; beach and dune restoration; and other
14 structures which are intended to prevent erosion or protect

15 other structures from wave and hydrodynamic forces.

16 (3) "Habitable floor" means any floor usuable for
17 living purposes, which includes working, sleeping, eating,

18 cooking, or recreation, or a combination thereof. Any floor

19 containing bathroom facilities or work areas shall be a
a habitable floor. A floor used only for storage or parking

21 purposes is not a habitable floor.
22 (4) Dune" means a mound or ridge of loose sediments,
3 usually sand-sized sediments, lying landward of the beach or

2 shore, and deposited by any natural or artificial mechanism.

25 (5) 'Construction" means the carrying out of any
2 building or excavation or the making of any material change in

27 the size, or appearance of any structure or land. When

28 appropriate to the context, construction refers to the act of
29 construction or the result of construction.

30

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1 (6) "Beach" means the zone of unconsolidated material

2 that extends landward from the mean low water line to the
3 place where there is marked change in material or

4 physiographic form, or to the line of permanent vegetation
5 (usually the effective limit of storm waves). "Beach" is

6 alternatively termed "shore."

7 (7) "Barrier spits" means geologic features formed by
8 drifting of sands into open waters of bays.

9 (8) "Barrier islands" means islands composed of sand,
10 rock, coral, coquina, or any other material in or adjacent to
11 marine waters.

12 (9) "Barrier peninsulas" means peninsulas composed of

13 sand, rock, coral, coquina, or any other material in or

14 adjacent to marine waters.

15 (10) "Building support structure" means any structure

16 which supports floor, wall, or column loads, and transmits

17 them to the foundation, including beams, grade beams, or

18 joists, and includes the lowest horizontal structural member

19 exclusive of piles, columns, or footings.

20 (11) "Breakaway wall" or frangiblee wall" means a

21 partition independent of supporting structural members that

22 will withstand design wind forces but will fail under
2 hydrostatic, wave and runup forces associated with the design

24 storm surge. Under such conditions the wall will fail in a

25 manner such that it dissolves or breaks up into components
6 that will not act as potentially damaging missiles.

27 (12) "State land planning agency" means the Department
2 of Community Affairs.

29 Section 4. Section 161.54, Florida Statutes, is

30 created to read:

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PCB 83-5 Coastal Barrier Protection (5/3/83)



1 161.54 Requirements for development or construction.--
2 The following requirements shall apply to construction on any

3 coastal barrier, construction of which has commenced after
4 December 31, 1983:

5 (1) Structural requirements, major structures.--

6 (a) Major structures shall conform to the latest
7 editions of the Standard Building Code, Southern Building Code

8 Congress International, Inc., or the South Florida Building
9 Code, or the National Building Code, whichever is applicable

10 as determined by the appropriate local government.

11 (b) Major structures shall be designed and constructed

12 to resist the anticipated wave, hydrostatic, hydrodynamic, and

13 wind loads accompanying a 100-year storm event.

14 (c) Major structures shall be securely fastened to

15 their foundations and the foundation adequately braced and

16 anchored in such a manner as to prevent flotation, collapse,
17 or lateral displacement during the 100-year storm event.

18 (d) All major structures shall be designed and

19 constructed to withstand a wind velocity of 140 miles per hour
0 at a height of 30 feet above the average surrounding ground

21 level. Appropriate shape factors shall be applied in
22 accordance with standard building code practice. Internal
a pressures on internal walls, ceilings, and floors resulting

24 from damaged windows or doors shall also be considered in

2 design.

S(4e) All major structures shall be elevated in such a
2 manner as to locate the building support structure above the

28 design breaking wave crests or wave uprush as superimposed on
29 the storm surge of a 100-year storm. The storm surge of a

30 100-year storm shall be the elevation determined by the

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PCB 83-5 Coastal Barrier Protection (5/3/83)


1 Department of Natural Resources coastal construction control

2 line study. This elevation is subject to review and revision
3 by the Department of Natural Resources. If the Department of
4 Natural Resources has not established the elevation of the
5 100-year storm surge, the elevation shall be the federal base

6 flood elevation for the specific area as recommended by the
7 Federal Emergency Management Agency. If federal base-flood
8 elevations or a Department of Natural Resources elevation have
9 not been established in an area, the appropriate local

10 government with the assistance of the Department of Natural
11 Resources shall establish base flood elevations based on

12 scientific and engineering data.

13 (f) Foundation design and construction of major

14 structures shall consider all anticipated loads resulting from
5i a 100-year storm event, including wave, hydrostatic,

16 hydrodynamic, and wind loads acting simultaneously with live
17 and dead loads. Erosion computations for foundation design
18 shall account for all vertical and lateral erosion and scour

19 producing forces including localized scour due to the presence
20 of structural components. Foundation design and construction

21 shall provide for adequate bearing capacity taking into
2 consideration the anticipated loss of soil above the design

2 grade.

24 (g) No substantial walls or partitions shall be
5 constructed below the level of the building support structure
26 of a major structure. This does not preclude: stairways,

y shearwalls perpendicular to the shoreline; shearwalls parallel

a to the shoreline, which are limited to a maximum of 20 percent

y of the building length; wind or sand screens constructed of

0 fiber or wire mesh; light open lattice partitions with wooden

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Select Committee on Growth Management

PCB 83-5 Coastal Barrier Protection (5/3/83)


lattice strips not greater than three quarters of an inch

thick and three inches wide; elevator shafts; break-away or

frangible walls; or substantial walls constructed above the

wave action and storm surge of a 100-year storm event where

the building support structure is above the minimum

permittable elevation.

(h) Excavation for major structures shall be limited
to that excavation incidental to the construction of the

foundation and necessary for utilities.

(2) Structural requirements, minor structures.--Minor
structures need not meet specific structural requirements

related to the 100-year storm event but they shall be designed

to produce the minimum adverse impact on the beach and dune

system and adjacent properties and to reduce the potential for

generating aerodynamically or hydrodynamically-propelled

missiles. Construction of a coastal or shore protection

structure designed primarily to protect a minor structure

shall not be permitted.

(3) Structural requirements, nonhabitable major
structures.--Nonhabitable major structures need not meet

specific structural requirements related to the 100-year storm

event, but they shall be designed to produce the minimum

adverse impact on the beach and dune system and shall comply

with any applicable state and local standards not found in

this section.

4) (a) Construction shall not preclude the safe

evacuation of all persons on coastal barriers or increase the

number of persons who cannot be safely evacuated from a

coastal barrier within 12 hours of notification of impending

natural or man-made disaster. Regional planning agencies

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Select Committee on Growth Management

PCB 83-5 Coastal Barrier Protection (5/3/83)


1 shall assist local governments in the development of the

2 portion or portions of their building codes which will
3 implement the 12 hour evacuation standard contained in this

4 paragraph.

5 (b) On coastal barriers where existing construction

6 precludes the safe evacuation of all persons on the coastal
7 barrier within 12 hours, the regional planning agency shall

g assist local governments in developing a plan to reduce the
9 number of persons on a coastal barrier who cannot be safely

10 evacuated.

11 (5) Vehicular traffic is prohibited on the dunes,

12 beaches, and foreshore of coastal barriers, except that

13 vehicular traffic which is necessary for clean up, repair, or

14 public safety is not prohibited. The local government with

15 jurisdiction over a coastal barrier or part of a coastal

16 barrier may authorize vehicular traffic other than that

17 necessary for clean up, repair, or public safety on all or

18 portions of the beaches and foreshore under its jurisdiction

19 by a majority vote of its governing body.

20 (6) Construction, except for elevated walkways,

21 lifeguard support stands, piers, beach access ramps, and

22 gazebos, shall be located a sufficient distance landward of
23 the beach and dune system to permit natural shoreline

24 fluctuations and to preserve dune stability. Elevated dune

25 walkover structures shall be constructed where pedestrian

26 traffic is likely to result in damage or alteration to the
27 dune or existing vegetation.

8 (7) Where the public has established an accessway
29 through private lands to lands seaward of the mean high tide

30 or water line by prescription, prescriptive easement, or any

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Select Committee on Growth Management

PCB 83-5 Coastal Barrier Protection (5/3/83)


1 other legal means, development or construction shall not

2 interfere with such right unless a comparable alternative
3 accessway or accessways is provided. The developer shall have

4 the right to improve, consolidate, or relocate such accessways

5 so long as the accessways provided by the developer are of

6 substantially similar quality and convenience to the public.

7 Section 5. Section 161.55, Florida Statutes, is

8 created to read:

9 161.55 Establishment of local enforcement.--Each local

10 government which is required to adopt a building code by

11 section 553.73 and which has a coastal barrier or some portion

12 of a coastal barrier within its territorial boundaries shall

13 adopt, not later than December 31, 1983, as part of its

14 building code, the requirements established in section 161.54

15 and such requirements shall be enforced by the local
16 enforcement agency as defined in section 553.71. Such

17 requirements shall apply to construction on coastal barriers,

18 and the local government shall enforce the requirements by any

19 means available to its regular enforcement of building codes.
0 Nothing in this Act shall preclude a local government from

21 enacting requirements for construction applicable to coastal
22 barriers that are as restrictive as or more restrictive than

3 the requirements provided in section 161.54. Each local

24 government shall submit a copy of its building code to the

25 Department of Natural Resources no later than January 31,
6 1984, and whenever the local government adopts changes in the

2 building code which result in changes in the construction

8 requirements for construction on coastal barriers.

29 Section 6. Section 161.56, Florida Statutes, is

30 created to read:

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Select Committee on Growth Management

PCB 83-5 Coastal Barrier Protection (5/3/83)



1 161.56 Review and approval of coastal barrier
2 protection codes, enforcement.--

3 (1) The Department of Natural Resources shall review
4 and shall approve or disapprove the portions of local
5 government building codes which are required to be adopted

6 pursuant to section 161.55. The Department may disapprove
7 such portions of a local government's building code if it

g finds that the provisions of the code do not implement the
9 requirements of section 161.54 or if the enforcement or

10 penalty provisions of the code are determined by the

11 Department of Natural Resources to be inadequate to ensure

12 that the construction on coastal barriers or parts of coastal
13 barriers is consistent with the requirements of section

14 161.54. A local government whose building code has been W$ T

15 disapproved pursuant to this section shall not be eligible for

16 state funding pursuant to section 161.091 or state disaster
17 relief funds pursuant to section 252.37 until such time as it
18 amends its building code and receives approval from the

19 Department of Natural Resources. The Department of Natural
0 Resources shall assist local governments in adopting building

21 codes which implement the requirements of section 161.54. The
2 Department of Natural Resources may draft model building

23 codes, provide technical assistance, promulgate rules which

24 clarify the requirements of this Act, or establish by rule

25 procedures which are consistent with this Act and Chapter 120.

6 (2) After January 31, 1984, the Department of Natural
7 Resources may make a determination that construction on

28 coastal barriers violates the requirements of section 161.54.
29 This determination may be made even when the appropriate local ouT

30 government has issued a permit, development order, license, or
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Select Committee on Growth Management

PCB 83-5 Coastal Barrier Protection (5/3/83)


1 other such authorization for such construction. After the

2 department has made such a determination, the department may
3 enforce the restrictions authorized by section 161.54 on

4 construction in the same manner as provided by this chapter to

5 enforce violations relating to the coastal construction

6 control line.

7 (3) Nothing in this Act shall be construed to limit or
8 abrogate the right and power of the Department of Natural
9 Resources to require permits for construction seaward of the

10 coastal construction control line or the rights or powers of

11 local governments to enact and enforce setback requirements or

12 zoning or building codes that are as restrictive as or more

13 restrictive than the requirements provided in section 161.54.
14 Section 7. Section 161.57, Florida Statutes, is

15 created to read:

16 161.57 Undeveloped coastal barriers.--

17 (1) The state land planning agency shall prepare and

18 adopt by rule maps of coastal barriers using the most recent
19 aerial photographs prepared by the Department of

20 Transportation. These maps shall depict the land use

21 classifications into which various portions of coastal
2 barriers fall using a land use classification system based on

3 the Land Use, Cover and Forms System developed by the

24 Department of Transportation. Local governments shall assist
5 the state land planning agency in updating these coastal

6 barrier maps so that the land use classifications depicted on

y the maps are as accurate a depiction of the actual land use

2 classifications on coastal barriers as practicable as of

2 November 1, 1983. The maps shall be completed not later than
30 March 1, 1984. The state land planning agency shall also

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Select Committee on Growth Management

PCB 83-5 Coastal Barrier Protection (5/3/83)



1 depict undeveloped coastal barriers based on the following

2 definition of undeveloped coastal barrier. Undeveloped
3 coastal barriers are those coastal barriers or parts of

4 coastal barriers which fall into the general land use
5 classifications of rangelands, forestland, agricultural lands,

6 wetlands, and barren lands, except for disturbed lands. The

7 areas designated as undeveloped on such maps are the

8 undeveloped coastal barriers of the State of Florida.

9 (2)(a) A person may ensure that land is not included

10 in lands designated as undeveloped coastal barriers by
11 submitting, no later than November 1, 1983, a petition to the

12 state land planning agency. Each such petition shall contain

13 the name and address of the person making such a petition, a

14 map or maps of the land to which the petition relates in a
15 scale no smaller than one inch of map to 2,000 feet of land

16 and competent substantial evidence showing that:

17 1. The land described in the petition because of its
18 actual land use as of November 1, 1983, cannot be

19 appropriately designated as falling into the land use
2 classifications of rangelands, forestlands, agricultural

21 lands, wetlands, and barren lands except for disturbed lands,

22 as described in this section; or

2 2. The land described in the petition, on July 1,

24 1983, had privately financed paved roads or streets adequate

25 to serve the entire development, and each building site

26 proposed for the land, at build-out and one or more of the
27 following: privately financed sewer lines, water lines,

28 electricity distribution lines, or telephone lines, adequate

29 to serve the entire development, and each building site

30 proposed for the land, at build-out; or

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Select Committee on Growth Management

PCB 83-5 Coastal Barrier Protection (5/3/83)


1 3. The land in question is the land associated with a

2 phased development which has received a state or local
3 development approval which approves the entire phased

4 development including all the phases. A phased development is

5 a development on land owned by one person or corporation or

6 land formerly owned by one person or corporation, a

7 substantial part of which has been completed by November 1,

8 1983, and one or more parts of which is planned but not
9 completed; or

10 4. The land in question is the land associated with a
11 development of regional impact which has received, by November

12 I, 1983, a local development order approving the development

13 of regional impact pursuant to section 380.06 or is land for

14 which an application for development approval pursuant to
15 section 380.06 has been filed by July 1, 1983, or is land

16 associated with proposed construction which has received a
17 building permit no later than July 1, 1983.

1g (b) Upon receiving a petition made pursuant to

19 paragraph (a), the state land planning agency may make a
2 determination of the veracity of the information in such

21 petition. Upon determining that the lands described meets one
2 of the requirements in subparagraphs 1, 2, 3, or 4 the state

23 land planning agency shall designate the lands described in

24 such petition as lands that are not undeveloped coastal

5 barriers. The state land planning agency shall, upon making

S such a determination, notify the person making the petition
7 and the determination shall be final agency action.

I (3) ro state funds shall be expended for the purpose

9 of planning, designing, excavating for, preparing foundations
30 for, constructing, increasing the capacity of, or maintaining

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Select Committee on Growth Management

PCB 83-5 Coastal Barrier Protection (5/3/83)



1 streets, roads, highways, bridges, sidewalks, curbs, cutouts,

2 curb ramps, crosswalks, overpasses, or underpasses on the
3 undeveloped coastal barriers, except that bridges to and on

4 coastal barriers may be constructed and maintained, if

5 necessary, for the evacuation of the residents of coastal

6 barriers in the event of natural or man-made disaster and
7 providing access to the coastal barriers for public safety,

8 emergency medical, or rescue vehicles and state funds may be

9 expended for the purpose of maintaining streets, roads,

10 highways, bridges, sidewalks, curbs, cutouts, curb ramps,
11 crosswalks, overpasses, or underpasses existing in coastal

12 barriers on November 1, 1983. Nothing in this subsection

13 shall be construed to require the construction and maintenance

14 of such bridges. This subsection shall not apply to state
15 agencies or local governments which are planning, designing,

16 excavating for, preparing foundations for, constructing,
17 increasing the capacity of, or maintaining streets, roads,

18 highways, bridges, overpasses or underpasses on undeveloped

19 coastal barriers for the purpose of providing access to public

20 parks, forests, beaches, refuges, or preserves. However, the

21 capacity of such streets, roads, highways, bridges, overpasses
22 or underpasses shall be limited to the capacity necessary to
2 serve such public parks, forests, beaches, refuges, or

24 preserves.

25 (4) No state funds shall be expended to plan for,
2 design, construct, or maintain sewer or water pipes, lines,

7 mains, connections, pumping stations, or other facilities

a related to the provision of water or sewer services on

29 undeveloped coastal barriers.

30

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PCB 83-5 Coastal Barrier Protection (5/3/83)



1 (5) This section shall not be construed to prohibit

2 expenditures of state funds for inspections of any streets,
3 roads, highways, bridges, sidewalks, curbs, cutouts, curb

4 ramps, crosswalks, overpasses, underpasses, or sewer or water

5 pipes, lines, mains, connections, pumping stations, or other

6 facilities related to the provisions of water or sewer
7 services, including septic tanks or sewage plants, which are

g require- by law, rule, or ordinance.

9 (6) The state land planning agency shall make the
10 completed maps of the coastal barriers available to persons

11 requesting such maps. The state land planning agency may make

12 a charge for the cost of reproducing such maps.

13 Section 8. There is hereby appropriated from the

14 general revenue fund to the Department of Natural Resources
15 the sum of $370,040: $192,475 for fiscal year 1983-84 and

16 $177,565 for fiscal year 1984-85 for the purpose of

17 implementing this act.

18 Section 9. This act shall take effect July 1, 1983.

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